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(영문) 광주지방법원 2013.07.03 2013고단1737

무고등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

1. From October 27, 2012 (the “28.” of the indictment appears to be written in error) around 01:30, a spouse who has completed a marriage report with B on May 18, 2011, was sent to E and sexual intercourse in the guest rooms on the seventh floor located in Gwangju Northern-gu C, Gwangju, around 01:

2. The facts revealed that E did not know the Defendant’s spouse, and the Defendant and E developed to the relationship with each other, having met with each other and pospool, etc., at the workplace, and had sexual intercourse as prescribed in paragraph (1). On October 28, 2012, E did not rape the Defendant. For the purpose of having E criminal punishment, at the public service center of the Gwangju Northern Police Station around November 28, 2012, around 200: (a) around October 28, 2012, E submitted to the public service center of the Gwangju Northern District Police Station to the effect that “A around 200:30 on October 28, 2012, E was punished for having sexual assault committed by force,” and (b) went off from the body of the victim of sexual assault, despite having been investigated into the center of the victim of sexual assault, E did not put the Defendant out of the body with his/her clothes, and (c) did not put the Defendant out of the body.

Although there was a resistance, such as cutting off the E's body by hand and pushing off the E's body by hand, it was not possible to move the power of male;

For more than one hour, rape has been committed several times, but it was difficult to have the same person, but it was difficult to say that there was any more serious problem, and there was no choice but to sustain injury;

E personally is a space with which he or she does not drink or drink and wishes to strong punishment.

‘E’ made a false statement to the effect that they were “E.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning B;

1. The statement of the police against the defendant (268 pages of the investigation record) 1.